Andress v. Miller
Andress v. Miller
Opinion of the Court
Whatever might have been the rights of the respective classes of creditors, had the partners not elected to retain their equities between themselves, it is certain that if they have not waived them, the joint creditors are entitled to priority of payment out of the joint effects, and the separate creditors are entitled, on the principle of Bell v. Newman, to payment-in the same degree out of the separate effects. Now it appears that that is just the result which the partners intended to produce. They assigned their effects, both joint and several, in trust to pay their creditors “ in' just and ratable proportion, according to the several and respective debts justly due and owing.” If the first part of the
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.